Calls for court resources increase as eviction claims rise

The Law Society of England and Wales has called on the UK government to allocate more resources to the courts as private landlord possession claims soar after the implementation of the Renters’ Rights Act in May. Recent quarterly statistics from the Ministry of Justice reveal a 21% surge in these claims compared to the same period last year, an indication of how landlords are navigating the newly reformed regulations.

One of the major changes brought about by the Act is the end of Section 21 ‘no fault’ evictions in England, meaning landlords can no longer remove tenants without a valid reason. This significant shift led to a 68% increase in accelerated possession claims during the transitional period of the Act, as landlords sought to secure evictions before the new rules took effect.

The newly released figures also indicate a worrying trend with mortgage possession delays increasing significantly, as cases are now taking an average of 52 weeks compared to 46.3 weeks last year. This means individuals are facing prolonged uncertainty regarding their housing situations.

The president of the Law Society, Brett Dixon, emphasised that “The courts are not appropriately resourced for what was an expected increase in the number of landlord possessions as a result of the Renters' Act.” He noted that concerns regarding court capacity had been raised during the passage of the Bill through parliament.

Dixon further stated that “The Act created some of the most significant reforms to renters’ rights in decades, levelling the playing field between landlords and tenants.” While the removal of no-fault evictions represents a major shift in housing policy, he warned that “without adequate funding, the courts will continue to struggle with backlogs and delays leaving both landlords and tenants in a state of limbo.”

Dixon concluded by stating, “Safe and stable housing is crucial to us all, but reforms should not come at the expense of justice. The government must act quickly to ensure the courts have the resources they need to prevent further delays and protect the rights of both tenants and landlords.”